Legal Opinion
Potter v. Wilbur-Ellis Co.
Court of Appeals of Washington
Decided August 6, 1991No. 10694-2-IIIPublishedCited by 20 opinions
1Opinion of the CourtMunson, J.
Dan and Debra Potter brought an action against Wilbur-Ellis Company, a retailer of pesticides. They appeal (1) the summary judgment dismissal of their negligence claims, (2) the summary judgment dismissal of their Consumer Protection Act (CPA), RCW 19.86.020, claim, and (3) the trial court's failure to find the disclaimer of warranties the Potters signed was unconscionable and unenforceable as a matter of law.
The facts, in the light most favorable to the Potters, are as follows:
The Potters own and operate a lawn care business in Wenatchee. In the spring of 1987, John Westerdahl, sales…
2Cases cited14 opinions
- Wilson v. SteinbachWashington Supreme Court · 1982
- Hangman Ridge Training Stables, Inc. v. Safeco Title InsuranceWashington Supreme Court · 1986
- LaPlante v. StateWashington Supreme Court · 1975
- Pedroza v. BryantWashington Supreme Court · 1984
- Christen v. LeeWashington Supreme Court · 1989
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3Cited by20 opinions
- Dombrosky v. Farmers InsuranceCourt of Appeals of Washington · 1996
- Schnall v. AT & T WIRELESS SERVICES, INC.Washington Supreme Court · 2011
- Holiday Resort Community Ass'n v. Echo Lake Associates, L.L.C.Court of Appeals of Washington · 2006
- Hiner v. Bridgestone/Firestone, Inc.Court of Appeals of Washington · 1998
- Young v. Toyota Motor Sales, U.S.A.Washington Supreme Court · 2020
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